9911796707
TMI Blog2022 (3) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... RVICE TAX, NOIDA (VICE-VERSA) [ 2021 (5) TMI 870 - CESTAT ALLAHABAD] , wherein interest on pre-deposit (made during investigation) have been enhanced from 6% to 12%, following the ruling of the Apex Court in SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [ 2006 (1) TMI 55 - SUPREME COURT] . The Adjudicating Authority is further directed to grant interest @ 12% per annum from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kanpur at the business premises of the appellant and large scale of evasion of duty was alleged and the Director was threatened of arrest. Even though there is no provision of collection of duty during search/ investigation, the Director of the appellant was forced to deposit an amount of ₹ 50 lakhs and the same was deposited on 23.06.2016 vide TR-6 Challan No. 00415, 00427 00495, all dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er-in-original dated 29.01.2018 the balance amount of ₹ 28,02,158/- was refunded. The order in original dt. 11.10.2017 was challenged in appeal by the appellant-assessee and by order-in-appeal dated 18.12.2018, duty demand of ₹ 4,99,078/- was upheld and remaining demand of ₹ 17,92,496/- was set aside. Vide order-in-original dated 04.04.2019, (by way of appeal effect) the Assistan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentative for the Revenue relies on the impugned order and further relies on the ruling of Delhi High Court reported as 2020 (371) ELT 701 . 6. Having considered the rival contentions, I find that the issue herein is squarely covered by the precedent decision of this Tribunal in Parle Agro (P) Ltd., vs. Commissioner, CGST-2021-TIOL-306-CESTAT-ALL (DB), wherein interest on pre-deposit (made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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